That US Court of International Trade (CIT) determined that importing or exporting drug paraphernalia to or from states where cannabis is legal is an exception to the federal ban imposed by the Narcotics Act (CSA).
Eteros Technologies USAa global leader in agricultural processing equipment for hemp and marijuana, filed a lawsuit US Customs and Border Protection (CBP) blocked imports of equipment from Canada in 2021. CBP had deemed the parts to be prohibited “drug paraphernalia,” citing the CSA.
The exemption
The lawsuit challenged the CBP’s decision, arguing that Washington state’s legalization of cannabis and related paraphernalia triggers the permit waiver. The federal license exemption says so Section 863 does not apply to “any person authorized by local, state, or federal law to manufacture, own, or distribute such items[.]”
Eteros announced the success of his case on October 5 via a press release. “CIT Judge Gary S. Katzman ruled in favor of Eteros and confirms that state law permitting the manufacture, possession, and distribution of cannabis harvesting equipment (and other cannabis-related paraphernalia) exempts Eteros from the ban on importing such goods into the United States.” the goods are imported into a state like Washington that allows cannabis-related paraphernalia”
The legal counsel of Eteros Richard O’Neill from Neville Peterson LLP called the ruling a win for the entire cannabis industry.
“Today’s court decision is a major win for the cannabis industry. Permitting states to manufacture, possess, and/or distribute marijuana-related paraphernalia serves to trigger the federal licensing exemption, which exempts cannabis-related paraphernalia from importation prohibitions that prevent the importation of all other forms of drug paraphernalia .”
Crucial Verdict
Decision directs CBP to allow importation of cannabis…
